INJURY*

Cubital Tunnel Syndrome Claims*

Cubital Tunnel Syndrome (CTS) claims are usually a type of repetitive strain injury claim*. It affects the elbow or the arm. Otherwise known as Ulnar Neuropathy, this is a condition that can be quite painful and last for a long time.

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What is Cubital Tunnel Syndrome?

CTS is a condition that involves pressure or stretching of the ulnar nerve (also known as the “funny bone” nerve), which can cause numbness or tingling in the ring and small fingers, pain in the forearm, and/or weakness in the hand. CTS is caused by nerve compression. In turn this causes irritation of the ulnar nerve as it passes the wrist or elbow. Symptoms range from pain and discomfort to numbness and reduced mobility. Therefore, in some cases, nerve entrapment can cause pain and discomfort and can cause a muscle weakness in the affected area. 

What are Reasons for Developing Cubital Tunnel Syndrome?

If you have developed cubital tunnel syndrome as a result of negligence of another party or individual you may seek a legal remedy. CTS is almost always related to overuse or repetitive strain in connection with physical activity, for example, manual handling in a warehouse. It can also be caused by simply applying too much pressure on the elbow, for example, sitting at a desk all day and leaning your elbow on a hard surface.

What are the Symptoms for Cubital Tunnel Syndrome?

  • Weakness if the affected area
  • Pain and discomfort
  • Deformity of the hand
  • Reduced mobility of arm, hand and fingers
  • Unable to grip items
  • Tingling sensation and numbness of the affected area

What are the Causes for Cubital Tunnel Syndrome?

Work based Activities

Cubital tunnel syndrome is most commonly linked with the workplace and can be caused by a number of workplace based activities. This includes;

  • Frequent reaching
  • Carrying out repetitive activities
  • Poor lifting and manual handling
  • Using a computer

Most commonly associated with overuse and repetitive strain injuries caused in the workplace*, cubital tunnel syndrome can develop following a previous injury which may have put pressure on the ulnar nerve. In order to prevent these injuries there should be measures in place to ensure that workers have adequate rest breaks and only spend a limited time using certain machinery or carrying out a task. Training can also help to prevent these injuries.

Overuse / Repetitive Strain

An overuse injury* is defined as any injury to a muscle or joint which is caused by carrying out repetitive actions over an extended period of time. They can occur in any part of the skeletal system. Overuse is commonly associated with cubital tunnel syndrome as this can develop as a result of repetitive pressure which is put on the muscles over time.

Who is Liable?

Cubital tunnel syndrome is mostly associated with workplace injuries*. It is the most common injury caused as a result of repetitive strain and overuse. For those who are working a manual job that involves heavy lifting or working on an assembly line. It is likely that the tasks and movement carried out will be repetitive. Therefore,  it is the employers responsibility to ensure that the employees are given regular breaks. In order to ensure that overuse is not an issue. Therefore, when an employer fails to give an employee regular breaks they may be found liable for the injury.

All employers have a responsibility to ensure that they manage activities in a way which prioritises health and safety and this should be a priority for them. They are also required to provide training and personal protective equipment so as to help prevent accidents and injuries in the workplace. Failing to do so could result in injuries being sustained that they could be found liable for. Cubital tunnel syndrome is more commonly associated with certain industries. This includes;

  • Warehouse workers
  • Carpentry
  • Construction workers
  • Manufacturing
  • Transport

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We use our expert knowledge and 30 years’ experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Call us today on +353 1 649 9900 or contact us online.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury* solicitor to help you with this.

  1. Prepare the information for a solicitor

    When you decide you want to move forward with your injury claim* it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • If any emergency services attended the scene, and their details
    • Details of your injuries
    • Hospitals/Doctors attended with your injury
    • Any pictures you may have taken of the scene of the accident and/or your injuries
    • Details of any witnesses
    • Is there CCTV that may have captured the accident?
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the injury claim* process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    The most important document needed to prove your injuries is your medial report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your injury claim* will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus of your recovery, as they focus on settling your case.

At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your car accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.

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Case Settlement

If you are to proceed with an injury claim* you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the injury*, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages

Material Damages

Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases* is that the person has two years from the date of the accident or date of knowledge of the accident* to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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